The Notwithstanding Clause Is being used to separate Canadians from their rights and freedoms, why?

BY MICHAEL THOMAS

Most Canadians will tell you they have freedoms and rights, but how do these freedoms and rights work, and does their government honour them? Now, that is another story. In this article, we shall visit the ugly side of what happens when these governments use clauses to remove freedoms and enslave the masses if they are allowed to.

One such clause is called the Notwithstanding Claus. What is the Notwithstanding Claus, you might ask? Let us dive in.

Included in the Charter is a provision that most people would be surprised to discover: an override clause. When properly invoked, this notwithstanding clause—section 33 of the Charter— prevents courts from striking down laws despite serious Charter violations. This clause gives lawmakers the ability to disregard certain important rights and freedoms protected under the Charter.

“The growing use of the notwithstanding clause to trample civil liberties and human rights is a threat to our most basic rights and freedoms”

Here are just some of these rights and freedoms that go out the window once this clause is used: freedom of expression, freedom of religion, the right to life, and the right to be treated equally under the law. Has anyone had these freedoms and rights violated recently? Just asking.

Over the last four decades, since the Charter was adopted, governments have respected human rights and freedoms in Canada until now. Recently, some provincial governments have used or threatened to: use the clause to prevent education workers from striking, ban provincial government employees from wearing religious symbols, and limit non-French speakers’ ability to receive public services in other languages, and the list just keeps getting longer.

Canadians should be wary of normalizing the use of this dangerous clause. Canadian federal political party leaders have a civic and moral obligation to make binding commitments to protect people’s basic human rights and civil liberties, at least governments that work for the people should.

Here is a more detailed list of how this clause has been misused by Canadian politicians which is outlined in paragraph four and five.

In 2022, Ontario pre-emptively used the notwithstanding clause to prohibit education workers from striking, even though courts have determined that freedom of association includes the right to strike and the right to collective bargaining. Many individuals, unions, and organizations raised the alarm, and following a wave of popular discontent, the Ontario government repealed this controversial bill.

In 2019, Quebec pre-emptively used the notwithstanding clause in Bill 21 to ban public sector workers (teachers, government lawyers, and police officers), from wearing religious symbols. In March 2025, Quebec tabled Bill 94, which pre-emptively uses the notwithstanding clause to expand Bill 21’s ban and enact other rights-infringing measures.

In 2022, Quebec pre-emptively used the notwithstanding clause to limit the use of English in public service.

In 2021, Ontario imposed arbitrary, unfair limits on advertising by third parties (i.e. organizations, interest groups, and individuals) for a full year before a fixed date election. This limit on criticism of the government was struck down by the Ontario Superior Court as an unreasonable and unjustifiable infringement on freedom of expression.

Also in 2021, the Government of Ontario used the notwithstanding clause in an attempt to maintain the restriction. A few weeks ago, the Supreme Court of Canada struck down Ontario’s arbitrary, unfair limits as an unconstitutional infringement of democratic rights, which cannot be overridden by the notwithstanding clause.

In May 2024, the leader of the official federal opposition party hinted that he would use the notwithstanding clause to override rights that ensure a person charged with an offense is not denied their liberty until they have their day in court, and people do not face cruel and unusual punishment.

In October 2024, the Ontario Premier called on Ontario’s big city Mayors to request in writing that the provincial government use the notwithstanding clause to legislate measures that will harm the rights and freedoms of unhoused people in the province.

In a subsequent letter dated December 5^th, 2024, the Ontario Premier foreshadowed future use of the notwithstanding clause to override court decisions upholding the rights of unhoused people.

In November 2024, the Quebec Premier stated that, if necessary, he was ready to use the notwithstanding clause to force doctors trained in Quebec universities to practice within the province’s public system for several years.

In December 2024, the Quebec Premier said that he wanted to ban praying in public and that he was considering using the notwithstanding clause to do so.

In December 2024, the Alberta’s Premier said that she would invoke the notwithstanding clause to override any court decision that finds Alberta’s trio of laws targeting gender-diverse youth unconstitutional.

This information is very timely. With these facts in mind, Canadians should remember; these folks who are now begging for your votes so that they can do more of the same. Remember that. It is your rights and freedoms that they are removing slowly, but surely.

Today, more than 50 organizations, human rights advocates, and legal scholars are coming together to ask each federal political party leader to commit to holding a public consultation on the “Notwithstanding Clause” within six months of forming a new government.

“The growing use of the notwithstanding clause to trample civil liberties and human rights is a threat to our most basic rights and freedoms. Now is the time for federal political party leaders to listen to people of Canada’s concerns and to stand up for their rights.” states Anais Bussieres McNicol, Director of the Fundamental Freedoms Program, Canadian Civil Liberties Association.

We always encourage our readers to please take the time to read Agenda 2030 of the World Economic Forum documents. No property rights, no ownership rights, things are now getting started.

When it comes to Agenda 2030, all cards are on the table. No race, nor country is off limits from these violators therefore, tampering with the Charter is a part of the plan. The time to wake up is almost up!